P.

Filed 3/28/13 P. v. Uribe CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent,

A131997

v. RODOLFO RIVERA URIBE, (Napa County Super. Ct. No. CR146945) Defendant and Appellant.

Following a jury trial, defendant Rodolfo Rivera Uribe was convicted of first degree murder, shooting at an occupied motor vehicle, and various offenses for unlawful possession of a firearm. On appeal, he contends that he received ineffective assistance of counsel because his trial counsel failed to request a pinpoint instruction concerning the effect of a mental disorder on his ability to form the specific mental states required for the murder charge and the special circumstance of lying in wait. He also claims that concurrent…